A jury must base its decision on the evidence before the court and may not consider evidence outside the record. While courts do their best to ensure that juries are properly instructed and not exposed to outside information, jurors still sometimes consider extrinsic information in robbery and other theft cases. …
Drug possession, manufacture, or sale that occurs in certain public places carries enhanced penalties under Washington law. Prison time or fines may be as much as double as what is otherwise allowed. Under RCW 69.50.435, locations that can result in sentencing enhancements include schools, school buses, public parks, certain public…
Article I, section 7, of the Washington Constitution provides that “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Washington criminal defense attorneys know that the privacy protections of section 7 provide greater coverage than the Fourth Amendment of the U.S. Constitution…
Probable cause is required for a warrantless arrest. To have probable cause, the arresting officer must be aware of facts or circumstances that are based on reasonably trustworthy information that is sufficient to cause a reasonable officer to believe a crime was committed. If the arresting officer did not have probable…
Individuals are protected from unreasonable seizures by both the U.S. and Washington Constitutions. Warrantless seizures are unreasonable unless an exception applies, and it is the state that must establish that an exception exists. A traffic stop is considered a seizure. For a warrantless traffic stop to be constitutional, there must be…
Domestic violence violation of a protection order is generally a gross misdemeanor under Washington law, but it can be a class C felony if a violation of the order is also an assault or if the defendant has at least two prior convictions for violating a protection order. RCW 26.50.110. …
Drug possession cases hinge on evidence of the drugs themselves. Under the exclusionary rule, if drug evidence resulted from an unlawful search or seizure, it must be excluded. It is therefore common in drug cases for the defendant to move for the evidence to be suppressed on the ground it…
In cases involving driving under the influence, the state often relies on test results to show that the defendant was intoxicated. However, the prosecutor may also point to the defendant’s behavior as evidence of intoxication. A Washington appeals court recently considered whether a prosecutor committed misconduct when she referenced negative…
Often, a person charged with driving while under the influence will face additional, related charges. Attempting to elude police is one such charge. Sometimes, a person may feel they are justified in not stopping for the police officer, but a necessity defense is very difficult to prove in this type…
Under Washington law, police must advise individuals of the right to independent testing when a breath test is administered pursuant to the implied consent statute. Under a previous version of the statute, this information was also required for blood tests. A Washington appeals court has recently addressed whether police must…